look at what the obama administration is doing right now. it's not that different from what the bush administration did throughout its to terms, especially at the end. given that there is that consensus, that is one of the recent national security is not an issue. it's also why some things are a little more litigious in the national security area. >> this will be the last question. >> any predictions for retirement? >> i need it will depend on who the next president is. obviously we have several justices who are getting older, but i think most of them would feel if they were voluntarily retiring and not forced to do so by health concerns or other circumstances, the honorable thing to do is retiring during the term of the party that a plea to do in the first place. you could seek justice ginsburg -- i think she is trying to make a record for how long she is staying on the court. if president obama is there, we may see her retire. you may see scalia or kennedy retire if we have a president romney. it makes a huge shift in the court based on th